Legal Question in Elder Law in Florida

Re: 93 year old father's competency. My father is a 93 year old man - general good health - although recently his behavior and emotional patterns have changed. I am concerned about his finances. He is obsessed with a caregiver - we will refer to her as (caregiver1). This caregiver has been around for a few years. She was hired to care for my mother who passed away in January, 2008. Since then she has taken care of my father on a part-time basis. Now she only goes to clean the house on Saturdays. We are afraid to confront this person because my father is so emotionally attached to her that I am afraid he will break down emotionally. My father has given this caregiver cash gifts because she "needed the help." Since I have access to my father's bank accounts now I have questioned him regarding missing money. He always answers that he doesn't know or that caregiver1 needed it. Our concern is that he is wasting his money on this person who is manipulating him emotionally. Not to mention that she is taking advantage of him emotionally which is a terrible thing to do to someone. My father executed a financial power of attorney and medical power of attorney giving my sister and I full power over his accounts or medical decisions should he become unable to do so himself. Is that power of attorney sufficient for a bank to limit or refuse my father access to his accounts? Or does he have to be adjudged incompetent by a Court of Law?


Asked on 5/23/11, 11:12 am

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

The DPOA which your father signed does not likely restrict in any way his right to access and expend funds from an account of which is is a joint holder. In order to restrict his legal rights to make basic decisions regarding finances, where to live, and other decisions, he must be declared incapacitated, i.e., unable to make those basic decisions for himself by a court which could then appoint a guardian. You and your sister have difficult issues regarding your father and overseeing his comfort and proper decision-making. You may want to discuss the issue with his primary care giver or physician as well as an attorney experienced in elder law. Either or both of you could be named guardian but his state of mental capacity is a primary issue.

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Answered on 5/23/11, 11:43 am


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